The Deputy Chief Engineer vs Smt. Pavadamma W/O Kashappa ...
2022 Latest Caselaw 627 Kant

           IN THE HIGH COURT OF KARNATAKA,
                    DHARWAD BENCH

        DATED THIS THE 13TH DAY OF JANUARY 2022

                       PRESENT

          THE HON'BLE MR. JUSTICE S.G. PANDIT
                           AND
     THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

                M.F.A. No.104071/2018
                           C/W.
           MFA CROB. NO.100023/2019 (LAC)


IN MFA NO.104071 OF 2018

BETWEEN

1.    THE DEPUTY CHIEF ENGINEER
      CONSTRUCTION-III
      SOUTH WESTERN RAILWAYS,
      KESHWAPUR, HUBBALLI,
      NOW REP. BY THE DEPUTY CHIEF ENGINEER,
      SWR, DAVANAGERE 577001

                                               ...APPELLANT

(BY SRI.MALLIKARJUN S HIREMATH, ADVOCATE)

AND

1.    SMT. PAVADAMMA W/O KASHAPPA INGALAGI
      AGE:58 YEARS, OCC:AGRICULTURE,
      R/O:UPPER STREET,
      GANGAVATHI 583227
      DIST:KOPPAL
                            2



2.    THE SPECIAL LAND ACQUISITION OFFICER
      MUNIRABAD MEHABOOB NAGAR RAILWAY
      LINE CONSTRUCTION PROJECT,
      SINDHANUR 584128

3.    THE DEPUTY COMMISSIONER
      D.C.OFFICE, KOPPAL,
      KOPPAL 583231
                                        ...RESPONDENTS

(BY SRI.LAXMAN T MANTAGANI, ADVOCATE
 AND SRI.N.J.APPANNANAVAR, ADVOCATE FOR R1,
 SMT.GIRIJA S HIREMATH, HCGP FOR R2 & 3)

     THIS APPEAL IS FILED U/SEC.54(1) OF LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD
DTD:11.01.2018 PASSED IN LAC.NO.1/2014 ON THE FILE OF
THE SENIOR CIVIL JUDGE, GANGAVATHI, AWARDING THE
COMPENSATION AT THE RATE OF RS.15,00,000/- PER ACRE.

IN MFA.CROB. NO.100023 OF 2019

BETWEEN

SMT.PAVADAMMA W/O KASHAPPA INGALAGI
AGE: 58 YEARS,
OCC: AGRICULTURE,
R/O: UPPAR STREET,
GANGAVATHI-583227,
DIST: KOPPAL.
                                   ...CROSS OBJECTOR

(BY SRI.LAXMAN T MANTAGANI, ADVOCATE
 AND SRI.N.J.APPANNANAVAR, ADVOCATE)

AND

1.    THE DEPUTY CHIEF ENGINEER
      CONSTRUCTION-III,
      SOUTH-WESTERN RAILWAYS, KESHWAPUR,
      HUBBALLI-580020,
      NOW REPRESENTED BY THE
                              3



     DEPUTY CHIEF ENGINEER, SWR,
     DAVANAGERE-577001.

2.   THE SPECIAL LAND ACQUISITION OFFICER
     MUNIRABAD-MEHABOOB NAGAR,
     RAILWAY LINE CONSTRUCTION PROJECT,
     SINDHANOOR-584128.

3.   THE DEPUTY COMMISSIONIER
     DEPUTY COMMISSIONER OFFICE,
     KOPPAL-583231
                                               ...RESPONDENTS

(BY SRI.MALLIKARJUN S HIREMATH, ADVOCATE FOR R1,
 SMT.GIRIJA S HIREMATH, HCGP FOR R2 & 3)

     THIS MFA.CROB IN MFA NO.104071/2018 IS FILED
UNDER ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT
AND AWARD DATED 11.01.2018 PASSED IN MVC NO. 1/2014
ON THE FILE OF THE SENIOR CIVIL JUDGE, GANGAVATHI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.


     THESE APPEAL AND CROSS OBJECTION COMING ON FOR
ADMISSION, THIS DAY, ANANT RAMANATH HEGDE J.,
DELIVERED THE FOLLOWING:


                       JUDGMENT

This appeal under Section 54(1) of the Land

Acquisition Act, 1894 (hereinafter referred as the Act)

seeks to assail correctness of judgment and award dated

11.1.2018 passed by the Senior Civil Judge, Gangavati in

LAC No.1/2014. The reference Court has allowed the

reference in part awarding Rs.15,00,000/- per acre as the

market value of the land in question. Statutory benefits

are also conferred. The appeal is filed by the beneficiary.

2. Being aggrieved by the compensation awarded

by the reference Court the claimant has filed M.F.A Crob

No.100023/2019 seeking enhancement of compensation.

3. The lands of the 1st respondent in this appeal

are acquired by the State for the benefit of the present

appellant, in exercise of the powers under the provisions of

the Land Acquisition Act, 1894. The Section 4(1)

notification was issued on 30.7.2009 and the Land

Acquisition Officer has passed the award.

4. The Section 4(1) notification for the purpose of

acquisition of land was published on 13.7.2009.

5. Heard the learned counsel for the appellant as

well as the respondents.

6. Learned counsel for the appellant and the

respondents would submit that in respect of the lands

acquired under the same notification, in respect of the

lands in the same village, pertaining to same project, this

Court in MFA No.103200/2015 and connected matters

disposed of on 03.09.2021, has allowed the appeals and

remanded the matter to the Reference Court for fresh

consideration in accordance with law, keeping all the

contentions open. Such being the position, this appeal and

cross objection are required to be allowed and impugned

judgment and award is required to be set-aside and matter

is required to be remitted back to the reference Court for

fresh disposal in accordance with law.

7. Accordingly, these appeal and cross objection

are allowed and impugned judgment and award passed in

LAC No.1/2014 on the file of Senior Civil Judge, Gangavati

is set-aside and the matter is remanded to the Reference

Court for fresh consideration in accordance with law.

8. The appellant as well as the cross-objector are

entitled for refund of admissible court fee.

9. No order as to cost.

Sd/-

JUDGE

Sd/-

JUDGE Sh